Tenancy in Common
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Each Co-tenant owns an undivided interest in the whole of the property
••Guilty plea: significance for civil rights violations
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1. Guilty plea does NOT admit legality of incriminating search
2. Does NOT waive 4A claims in a subsequent civil damages action
challenging the constitutionality of the incriminating search
,Conditional "acceptance" (effect)
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Acceptance explicitly conditioned on inclusion of different or add'l terms
terminates original offer and become a counteroffer
--> Offeree cannot later "resurrect" the original offer
--> Under UCC, a conditional acceptance counteroffer may NOT be
accepted by other party through performance
Wrongful pregnancy - negligence action
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Two scenarios:
1. Failure to properly perform contraceptive surgery
2. Failure to terminate (e.g., identify a genetic defect)
Damages:
1. Costs of pregnancy and labor, incl. pain and suffering
2. Med costs to treat child's disease (if reason for avoiding pregnancy)
3. Medical complication of pregnancy, including any loss of future
earnings, whether or not mother's fragility known
4. (JS) Child-rearing costs (entire, limit to burdens in excess than benefits, or
no recovery)
Freedom of association - Prohibiting discrimination by groups
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, General: gov't may prohibit discrimination by groups, unless prohibition
interferes w/ intimate association or expressive activities
1. Intimate association - small, intimate groups (e.g., dinner parties, small
clubs) have ABSOLUTE freedom of association
2. Expressive associations - right to associate for purpose of engaging in
protected 1A activities (i.e., activities integral to group's purpose)
- usually expressive, non-intimate associative purposes (e.g., black
membership would interfere w/ KKK's freedom to express race hate)
Fee Tail
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a fee limited to a particular line of heirs. Lineal descendants
Bill of rights - Provisions NOT incorporated against state and local govt via 14A
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- 3rd Amend. right to not have to quarter soldiers in your own home
- 5th Amend. right to grand jury indictment in criminal cases
- 7th Amend. right to a jury trial in civil cases
- 8th Amend. right against excessive fines.
Impeachment - relevance
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, Any matter that tends to prove or disprove the credibility of the witness is
relevant
Impeachment by prior inconsistent statements (PIS)
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Foundation••: W has opportunity to explain or deny (at some point though
not necessarily before) and adverse party has opportunity to examine W
- Extrinsic evidence permissible if relevant (not collateral)
- Inadmissible as substantive evidence (hearsay) unless PIS made under
oath
••exception (no foundation required): opposing party statement, hearsay
declarant, or W unavailable and justice requires
Delegation - enforcement and liability
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Delegator:
- remains secondarily liable (as surety) for delegatee's performance
Obligee:
- must accept (and look first to) performance by delegatee of delegable
duties
- may sue delegator for non-performance by delegatee
Delegatee: liable to obligor AND delegator only if consideration
- delegatee assumed duties AND rights of entire K (rights are
consideration); OR
- obligee is TPB of delegation K (consideration required)
Give this one a try later!
Each Co-tenant owns an undivided interest in the whole of the property
••Guilty plea: significance for civil rights violations
Give this one a try later!
1. Guilty plea does NOT admit legality of incriminating search
2. Does NOT waive 4A claims in a subsequent civil damages action
challenging the constitutionality of the incriminating search
,Conditional "acceptance" (effect)
Give this one a try later!
Acceptance explicitly conditioned on inclusion of different or add'l terms
terminates original offer and become a counteroffer
--> Offeree cannot later "resurrect" the original offer
--> Under UCC, a conditional acceptance counteroffer may NOT be
accepted by other party through performance
Wrongful pregnancy - negligence action
Give this one a try later!
Two scenarios:
1. Failure to properly perform contraceptive surgery
2. Failure to terminate (e.g., identify a genetic defect)
Damages:
1. Costs of pregnancy and labor, incl. pain and suffering
2. Med costs to treat child's disease (if reason for avoiding pregnancy)
3. Medical complication of pregnancy, including any loss of future
earnings, whether or not mother's fragility known
4. (JS) Child-rearing costs (entire, limit to burdens in excess than benefits, or
no recovery)
Freedom of association - Prohibiting discrimination by groups
Give this one a try later!
, General: gov't may prohibit discrimination by groups, unless prohibition
interferes w/ intimate association or expressive activities
1. Intimate association - small, intimate groups (e.g., dinner parties, small
clubs) have ABSOLUTE freedom of association
2. Expressive associations - right to associate for purpose of engaging in
protected 1A activities (i.e., activities integral to group's purpose)
- usually expressive, non-intimate associative purposes (e.g., black
membership would interfere w/ KKK's freedom to express race hate)
Fee Tail
Give this one a try later!
a fee limited to a particular line of heirs. Lineal descendants
Bill of rights - Provisions NOT incorporated against state and local govt via 14A
Give this one a try later!
- 3rd Amend. right to not have to quarter soldiers in your own home
- 5th Amend. right to grand jury indictment in criminal cases
- 7th Amend. right to a jury trial in civil cases
- 8th Amend. right against excessive fines.
Impeachment - relevance
Give this one a try later!
, Any matter that tends to prove or disprove the credibility of the witness is
relevant
Impeachment by prior inconsistent statements (PIS)
Give this one a try later!
Foundation••: W has opportunity to explain or deny (at some point though
not necessarily before) and adverse party has opportunity to examine W
- Extrinsic evidence permissible if relevant (not collateral)
- Inadmissible as substantive evidence (hearsay) unless PIS made under
oath
••exception (no foundation required): opposing party statement, hearsay
declarant, or W unavailable and justice requires
Delegation - enforcement and liability
Give this one a try later!
Delegator:
- remains secondarily liable (as surety) for delegatee's performance
Obligee:
- must accept (and look first to) performance by delegatee of delegable
duties
- may sue delegator for non-performance by delegatee
Delegatee: liable to obligor AND delegator only if consideration
- delegatee assumed duties AND rights of entire K (rights are
consideration); OR
- obligee is TPB of delegation K (consideration required)
